Summary
Action taken follow receipt of complaint alleging that the EA are failing to carry out appropriate assessments before granting a grassland derogation under the Nitrate Regulations and that the EA is failing to consult Natural England regarding individual grassland derogations.
Outcomes and additional information
Our assessment concluded that the approach used by the EA from 2016-2022 to assess the likelihood of impacts on European Protected Sites from issuing grassland derogations may fail to comply with its obligations under the Nitrate Regulations and Habitats Regulations. However, the EA has agreed a new approach to assessing these impacts from 2023 onwards which allows for site-specific assessments.
We have written to the EA requesting confirmation that a site-specific Habitats Regulation Assessment will be adopted for every grassland derogation. We also requested details of the information that will be considered in carrying out these assessments, and confirmation that the EA has updated its approach to assessing likely impacts on SSSIs.